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03/23/89 American National Bank and v. the Village of Skokie Et

March 23, 1989

TRUSTEE, ET AL., PLAINTIFFS-APPELLANTS

v.

THE VILLAGE OF SKOKIE ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as

536 N.E.2d 926, 181 Ill. App. 3d 189, 129 Ill. Dec. 876 1989.IL.393

Appeal from the Circuit Court of Cook County; the Hon. Thomas J. O'Brien, Judge, presiding.

APPELLATE Judges:

JUSTICE JOHNSON delivered the opinion of the court. JIGANTI, P.J., and McMORROW, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE JOHNSON

Plaintiffs, American National Bank and Trust Company of Chicago, as trustee under trust No. 62889, and Quartet Manufacturing Company, appeal from the judgment of the circuit court of Cook County finding that defendant, the Village of Skokie, complied with the standards set forth in its zoning ordinance (Skokie, Ill., Village of Skokie Official Zoning Ordinance § 10.5 et seq. (1981)). Other defendants in this appeal are La Salle National Bank, as trustee under trust No. 102223, American National Bank of Chicago, as trustee under trust No. 62111, Mark Goodman & Associates, and Harms/Old Orchard Venture. The following issues are raised on appeal: (1) whether the Skokie Village Board of Trustees had the authority to grant the petition for site plan approval; (2) whether proper procedures were followed for the granting of modifications from the requisites of the "Office Research District"; and (3) whether the trial court's judgment was contrary to the manifest weight of the evidence.

We affirm.

In 1985, Mark Goodman & Associates (hereinafter Goodman) applied to the Village of Skokie (hereinafter the Village) for site plan approval under the special use provisions of the Village's zoning ordinance (Skokie, Ill., Village of Skokie Official Zoning Ordinance § 10.5 et seq. (1981)) (hereinafter zoning ordinance or ordinance). The special use provisions of said ordinance provide:

"ARTICLE 13 -- ADMINISTRATION AND ENFORCEMENT

13.4.5.5 Decisions and recommendations of the Plan Commission.

A special use permit for any of the special uses contained in this ordinance may be granted and the applicable district regulations modified only if the evidence in the judgment of the Plan Commission sustains each of the following findings of fact with a minimum of five (5) Concurring votes required:

13.4.5.5.1 The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare; and the proposed building(s) or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community.

13.4.5.5.2 The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities and those services pertaining to public health, public safety and public welfare in general.

13.4.5.5.3 The proposed building(s) or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

13.4.5.5.4 The proposed use will not alter or be contrary to the primary purpose of the zoning district or area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole.

13.4.5.5.5 The proposed use and its plan conforms with the general intent of the Official Comprehensive Plan." (Skokie, Ill., Village of Skokie Official Zoning ...


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